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Iowa R. Evid. 5.706

Court-appointed expert witnesses

activein force · 2023-01-01 – presentact-effective-date

a. Appointment process. On a party’s motion or on its own, the court may order the parties to show

cause why expert witnesses should not be appointed and may ask the parties to submit nominations.

The court may appoint any expert that the parties agree on and any of its own choosing. But the court

may only appoint someone who consents to act.

b. Expert’s role. The court must inform the expert of the expert’s duties. The court may do so in

writing and have a copy filed with the clerk or may do so orally at a conference in which the parties

have an opportunity to participate. The expert:

(1) Must advise the parties of any findings the expert makes.

(2) May be deposed by any party.

(3) May be called to testify by the court or any party.

(4) May be cross-examined by any party, including the party that called the expert.

c. Compensation. The expert is entitled to a reasonable compensation as set by the court. Except

as otherwise provided by law, the compensation must be paid by the parties in the proportion and at

the time that the court directs, and the compensation is then charged like other costs.

d. Disclosing the appointment to the jury. The court may authorize disclosure to the jury that the

court appointed the expert.

e. Parties’ choice of their own experts. Rule 5.706 does not limit a party in calling its own experts.

History

[Report 1983; November 9, 2001, effective February 15, 2002; September 28, 2016, effective January 1, 2017; September 14, 2022, effective January 1, 2023]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
c3345fba856e97204663147f6a288f361cd767b5cc2a1f59a26603faa7f2aefa
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Iowa R. Evid. 5.706 — Court-appointed expert witnesses · binding.law